Over 40 years experience protecting Grandparents’ Rights in California.
Leon F. Bennett, Esq.
Grandparents rights in California allow a grandparent to petition for court-ordered visitation — and in some cases custody — but only under specific circumstances.
A grandparent generally cannot request visitation while both parents are married and living together. Once a court finds a preexisting bond between grandparent and grandchild, it weighs that bond against the parents’ constitutional right to raise their child.
The Law Offices of Leon F. Bennett has guided grandparents through visitation and custody matters across Los Angeles and Ventura County for more than 40 years. Whether a parent has passed away, a divorce has left grandchildren cut off from extended family, or a grandparent has stepped in to raise a grandchild full time, our firm helps clients understand exactly which of California’s grandparent rights statutes applies to their situation and what the court will require.
What Does a Grandparents Rights Attorney in California Do?
A grandparents rights attorney in California evaluates which of the three visitation statutes applies to your situation, prepares and files the correct petition (a stand-alone Request for Order or a Petition for Joinder into an existing family law case), gathers evidence of a preexisting bond between grandparent and grandchild, represents you at Family Court Services mediation, and argues the case at a contested hearing if mediation does not resolve it. For grandparents raising a grandchild full time, the attorney’s role shifts to petitioning for legal guardianship in probate court and pursuing financial assistance through California’s Kinship Guardianship Assistance Payment (Kin-GAP) program.
Ways Grandparents Can Seek Legal Rights in California
California law gives grandparents several distinct legal paths, depending on the family’s circumstances. The table below compares them.
| Legal Path | What It Provides | Governing Law | When Courts Typically Grant It |
|---|---|---|---|
| Visitation — Deceased Parent | Court-ordered visitation time | Family Code § 3102 | One parent has died and a preexisting bond exists between grandparent and grandchild |
| Visitation — Pending Case (Joinder) | Visitation ordered inside an active family law case | Family Code § 3103 | A divorce, separation, or paternity case is already open and custody is at issue |
| Visitation — Standard Petition | Visitation over an objecting parent’s wishes | Family Code § 3104 | Parents are separated, divorced, or unmarried, or one parent’s whereabouts have been unknown for a month or more, and a preexisting bond exists |
| Guardianship of the Person | Legal decision-making authority and physical custody | Probate Code guardianship (Form GC-210) | Parents are unable or unwilling to care for the child — death, incarceration, substance abuse, or abandonment |
| De Facto Parent / Caregiver Status | Legal standing to participate in an existing custody case | Family Code § 3151 and related case law | The grandparent has already been the child’s primary day-to-day caregiver |
When Can Grandparents Petition for Visitation in California?
California generally will not let a grandparent petition for visitation while the child’s parents are married and living together — the law presumes an intact marriage is entitled to raise its children without court interference. A grandparent can file for visitation under Family Code § 3104 only if one or more of these circumstances exist:
- The parents are currently living separately and apart on a permanent or indefinite basis
- One parent’s whereabouts have been unknown to the other for more than one month
- One parent joins the grandparent’s petition
- The grandchild does not reside with either parent
- The grandchild has been adopted by a stepparent
- One or both parents are deceased (see Family Code § 3102)
Even when one of these circumstances applies, the court must find a preexisting bond between grandparent and grandchild significant enough that visitation serves the child’s best interest, and must weigh that bond against the parents’ right to raise their child. If both parents — or the parent with sole legal and physical custody — object to the visitation, California law creates a rebuttable presumption that visitation is not in the child’s best interest, which the grandparent must overcome with evidence. The full text of the controlling statute is available at California Family Code § 3104. For greater detail on how to petition for grandparent visitation rights in California, please read a recent article written on the subject.
Can Grandparents Get Custody or Guardianship of a Grandchild in California?
More than 235,000 grandparents in California are responsible for raising their grandchildren, according to U.S. Census data compiled by Generations United’s GrandFacts project — one of the highest totals of any state. When a grandparent is functioning as a grandchild’s primary caregiver because the parents cannot or will not do so, visitation is not the right tool — the grandparent instead petitions for legal guardianship in probate court, a process we also handle directly through our guardianship practice.
For a deeper dive into the reasons grandparents can file for custody of a grandchild in California, take a look at our recent expose on that topic.
A guardianship petition requires filing Form GC-210(P) (Petition for Appointment of Guardian) along with a GC-210(CA) Child Information Attachment for each child, providing notice to the parents and other relatives entitled to notice, and attending a court hearing where a judge decides whether guardianship serves the child’s best interest. Unlike adoption, guardianship does not terminate the parents’ legal rights or their child support obligation, and parents can later petition to end the guardianship if circumstances change. Grandparents who take on guardianship of a grandchild exiting the child welfare system may also qualify for ongoing financial support through California’s Kinship Guardianship Assistance Payment (Kin-GAP) program.
FAQs About Grandparents Rights Attorney in Los Angeles
What does a grandparents rights attorney cost in Los Angeles?
Cost depends on the path your case takes. A petition the parents do not oppose is a very different matter from a contested custody case that goes through mediation, an investigation and a full hearing, and there is no way to quote a meaningful number before understanding which one you are facing. Most grandparent matters are handled on an hourly basis with an initial retainer, and the court’s own filing fees are separate. The Law Offices of Leon F. Bennett discusses fees directly with you at your first consultation, once we understand the facts — so you get a realistic picture of what your specific situation involves rather than a number that turns out not to apply.
What should I bring to a first consultation about grandparent rights?
Bring whatever documents you already have; nothing needs to be organized in advance. The most useful items are any existing court orders involving the child, including custody, visitation or restraining orders; a rough written timeline of your relationship with your grandchild, when contact changed and what prompted it; and any records showing your involvement in the child’s life — school or medical paperwork listing you, photographs, texts or emails with the parents. If a CPS or dependency case is open, bring the case number and your social worker’s name. If you have none of this, come anyway. The first meeting is about understanding your situation and which legal route fits it.
What financial help is available to grandparents raising grandchildren in California?
Grandparents who obtain legal guardianship of a grandchild exiting the child welfare system may qualify for ongoing monthly payments through California’s Kinship Guardianship Assistance Payment (Kin-GAP) program. Other resources include CalWORKs child-only grants, CalFresh food assistance, Medi-Cal health coverage for the child, and county-level Kinship Support Services Programs that provide case management, support groups, and referrals. Eligibility and amounts vary by county and by the grandchild’s specific circumstances.
Does a grandparent need a lawyer to file for visitation or custody?
A grandparent is not legally required to hire an attorney, but grandparent rights cases involve overlapping statutes, strict filing and service requirements, and a constitutional presumption favoring the parents that can be difficult to overcome without experienced representation. Because these cases require proving a bond with the grandchild while navigating a legal standard designed to protect parental authority, most grandparents benefit from attorney guidance from the outset.
Why Choose the Law Offices of Leon F. Bennett
Leon F. Bennett has practiced family law exclusively in Los Angeles and Ventura County for more than 40 years and holds an “AV Preeminent” rating from Martindale-Hubbell for 24 consecutive years — the highest peer-review distinction in the legal profession. He has been recognized by Los Angeles Magazine as a Top Attorney in Southern California and has served as court-appointed minor’s counsel, representing children directly in family law cases. That perspective gives the firm insight into exactly what a judge looks for when weighing a grandchild’s best interest against a parent’s objections. We regularly handle grandparent visitation and guardianship matters alongside related child custody cases, and when a family’s situation involves conflict at home, we coordinate closely with our domestic violence restraining order practice and, when appropriate, forensic and child-welfare specialists to build the strongest possible case.
Call (818) 888-7731 or request a consultation to discuss your case. Our office serves Woodland Hills, Encino, Sherman Oaks, Tarzana, Calabasas, Agoura Hills, Northridge, Thousand Oaks, and the broader San Fernando Valley.
